Attorney at Graves McLain Injury Lawyers
Practice Areas: Wrongful Death, Medical Malpractice, Bad Faith Insurance, Car Accidents, T-Bone Tractor-Trailer Accidents, Dangerous Drugs
In recent years, Oklahoma has become one of the leading states to challenge significant pharmaceutical firms for their part in the country’s opioid crisis. A landmark case filed by the Oklahoma Attorney General drew attention across the country for taking on large drug manufacturers and highlighting the devastating impact of opioid addiction in communities across the state.
This blog explains how the lawsuit unfolded, what was at stake, and what it meant for families affected by dangerous or defective drugs.
In 2017, Oklahoma Attorney General Mike Hunter filed a civil lawsuit against multiple opioid manufacturers. The state alleged that companies like Johnson & Johnson, Teva Pharmaceuticals, and Purdue Pharma engaged in misleading marketing practices that contributed to widespread opioid addiction and overdose deaths.
The case was brought in Cleveland County and scheduled as a bench trial, meaning the judge—not a jury—would decide the outcome. AG Hunter argued that the state sought equitable relief to address a public health emergency, not just financial compensation. Judge Thad Balkman agreed, denying motions from the pharmaceutical companies for a jury trial or separate proceedings.
The foundation of Oklahoma’s case was the public nuisance doctrine. This legal principle usually applies to things like environmental damage or unsafe public spaces. In this case, the state argued that the pharmaceutical companies created a widespread public health hazard by downplaying the fact that prescribed opioids are addictive and encouraging over-prescription through aggressive marketing.
Johnson & Johnson ‘engaged in false and misleading marketing’ that ’caused an opioid crisis’ in Oklahoma.
This argument was groundbreaking. It extended the idea of public nuisance to drug marketing and addiction—a move that drew both support and criticism from legal experts nationwide.
Three major companies were central to the Oklahoma opioid litigation:
Company | Action Taken | Amount ($M) | Legal Basis | Status |
| Purdue Pharma | Settlement | 270 | Deceptive marketing (settled) | Paid/Closed |
| Teva Pharmaceuticals | Settlement | 85 | Public nuisance claim | Paid/Closed |
| Johnson & Johnson | Bench trial verdict | 572 | Public nuisance (overturned 2021) | Reversed on appeal |
In March 2019, Purdue Pharma agreed to a $270 million settlement, with funds going toward treatment and research. Teva settled for $85 million soon after. However, Johnson & Johnson chose to fight the case in court.
In August 2019, Judge Balkman ruled against Johnson & Johnson, ordering the company to pay $572 million to fund one year of treatment and prevention programs. However, in 2021, the Oklahoma Supreme Court overturned the verdict. The court ruled that public nuisance laws did not apply to the manufacturing and marketing of prescription drugs.
The Oklahoma Supreme Court has ruled the public nuisance doctrine does not apply to opioid manufacturers. — Oklahoma Supreme Court decision, 2021
Although the Johnson & Johnson ruling was reversed, the Oklahoma case set a legal precedent by being the first of its kind to go to trial. It showed that states could hold drug companies accountable in court, even without federal action.
The lawsuit also helped bring national attention to how opioids were marketed and distributed and how state and local governments could pursue relief through the courts.
Nearly 50,000 Americans died from opioid overdoses in 2017. — U.S. Centers for Disease Control and Prevention
For families in Tulsa and across Oklahoma, the case underscored the human cost of the opioid epidemic. Many lost loved ones. Others faced long-term health struggles, financial hardship, or emotional trauma from dealing with addiction.
For individuals and families in Oklahoma, particularly in cities like Tulsa, the lawsuit brought hope that accountability would lead to better prevention and support services. It also reminded people that pharmaceutical companies can be held responsible when products cause harm.
Families affected by prescription opioid misuse may now be more aware of their legal rights. If you or a loved one experienced serious health effects linked to a prescription drug, You might qualify to submit a risky drug claim. Or defective drug claim.
Drug manufacturers are expected to provide clear warnings, test for safety, and market their products responsibly. When they don’t, and someone gets hurt, there may be grounds for legal action.
Graves McLain Injury Lawyers helps clients pursue claims for harm caused by unsafe or misrepresented prescription drugs. These cases may involve opioids, blood pressure medications, or other prescription drugs that lead to injury, addiction, or death.
Filing a claim involves gathering records, medical reports, and proof of harm. Most cases are handled on a contingency fee basis, meaning you pay nothing unless a settlement or court award is secured.
A dangerous drug claim typically involves a medication that causes harm due to a lack of warnings, defective manufacturing, or misleading marketing. If you’ve experienced serious side effects or long-term health issues after using a prescription drug, you may have a claim.
In the Oklahoma case, public nuisance law was used to argue that drug companies created a health crisis. While the claim was initially successful, the Oklahoma Supreme Court later ruled that this legal theory doesn’t apply to drug manufacturing.
Injury claims can help recover costs for medical treatment, lost wages, long-term care, and emotional suffering. Families may also file wrongful death claims if a loved one passes away due to opioid-related harm.
Attorney General Hunter requested a bench trial, arguing the state wasn’t seeking money for individuals but rather structural relief. The judge agreed, saying a jury was not required for this kind of case.
Although the Johnson & Johnson verdict was overturned, the case still influenced legal thinking. Since then, other states and cities have filed similar claims using different legal strategies, including fraud and negligence.
Yes. While the state’s case involved broader public harm, individuals can still file personal injury or wrongful death claims based on specific drug-related injuries. These cases are often handled separately from state-level litigation.
Oklahoma’s opioid litigation made history by pushing the boundaries of how courts view public health crises. Even though some rulings were later overturned, the case forced drug companies to defend their actions in court—and gave families a sense of recognition.
If a dangerous or defective drug has harmed you or someone close to you, it’s essential to know that legal help is available. Graves McLain Injury Lawyers has experience handling these complex cases and is here to help individuals understand their rights and take the following steps toward recovery.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.
